My Child Was Injured Because of Negligent Day Care Workers; Now What?

 Posted on March 27, 2019 in Premises Liability

Many working parents send their children to daycare, before and after school programs, summer camps or another type of childcare. These programs can be wonderful tools for working parents or for parents who want their children to have some extra socialization and education. Unfortunately, not every childcare organization meets the expectations parents have regarding health and safety. Some daycares are not kept to a high standard of cleanliness and others are staffed by undertrained or underqualified employees. If your child suffered an injury or illness because of negligence on the part of a daycare or childcare facility, you may be able to seek compensation for medical bills and other damages through a personal injury suit

Always Get Injuries Evaluated by a Medical Professional 

As with any injury claim, the person bringing the claim, called the claimant, and his or her legal team must prove that the injury caused damages. The best way to show proof of this is with medical reports and bills. Bringing a successful personal injury suit without an official medical report can be nearly impossible. Do not hesitate to talk your child to the doctor or emergency room if he or she is injured at while under the supervision of a daycare or childcare facility. You may also be able to seek compensation for your child’s pain and suffering in addition to medical bills.  

Daycare Center Duty of Care 

Not every injury that occurs at a daycare is the result of negligence. Sometimes children simply get hurt when they are playing. However, it is the duty of the daycare facility to minimize the chances of injury as much as possible. In the law, the term "due care" is used to refer to the degree of care that a reasonable person would exercise to prevent foreseeable harm. The question of liability or blame for a child’s injury usually comes down to whether or not the daycare facility or staff failed their duty of providing appropriate care.

For example, if a playground incident occurred because no adults were supervising the area, the daycare facility would most likely be considered legally responsible for the injuries caused. Facilities that do not maintain playground equipment or that allow unsafe environmental hazards on the premises negligently put children at unnecessary risk. Facilitates that are not properly sanitized or cleaned may be held liable for damages caused by the spread of illness or disease.   

Contact a Rockford Personal Injury Attorney for Help 

Speak with the experienced Winnebago County childcare injury lawyers at Mannarino & Brasfield, A Division of Schwartz Jambois, if your child was hurt due to the negligence of another party. Call 815-215-7561 to schedule a free, confidential consultation today.  

Source:

http://www.illinoiscourts.gov/circuitcourt/civiljuryinstructions/120.00.pdf